Isabel Irene Varela v. Johnson

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

January 17, 2013

ISABEL IRENE VARELA, PETITIONER,v.JOHNSON, RESPONDENT.

ORDER

Petitioner, a state prisoner proceeding pro se, has filed an application for writ of habeas corpus pursuant to 28 U.S.C. § 2254 together with a request for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. However, the certificate portion of the request which must be completed by petitioner's institution of incarceration has not been filled out. Also, petitioner has not filed a certified copy of her prison trust account statement for the six-month period immediately preceding the filing of the application for writ of habeas corpus. See 28 U.S.C. § 1915(a)(2). Petitioner will be provided the opportunity to submit a completed in forma pauperis application and a certified copy in support of her application.

In accordance with the above, IT IS HEREBY ORDERED that:

1. Petitioner shall submit, within thirty days from the date of this order, a completed affidavit in support of her request to proceed in forma pauperis on the form provided by the Clerk of Court;

2. The Clerk of the Court is directed to send petitioner a new Application to Proceed In Forma Pauperis By a Prisoner; and

3. Petitioner shall submit, within thirty days from the date of this order, a certified copy of her prison trust account statement for the six-month period immediately preceding the filing of the application for writ of habeas corpus. Petitioner's failure to comply with this order will result in a recommendation that this action be dismissed without prejudice.

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